Lockheed Aircraft Corp. v. Industrial Accident Commission

SHENK, J.

The petitioners, Lockheed Aircraft Corporation and Associated Indemnity Corporation, respectively the employer and its insurance carrier, seek annulment of an award of compensation to the employee, Richard Janda.

Janda, about 34 years of age, was and had been in the employ of Lockheed in Los Angeles County since 1940 as a material conservation analyst whose duty it was to check materials for reclamation. In the discharge of this duty he was required to travel between his general headquarters at Plant No. 2 at Seventh Street and Santa Fe Avenue in Los Angeles and Plant No. 4 in Maywood. He made frequent trips between these plants either in the company automobile, or on his own motorcycle for the use of which he received an allowance as “mileage.” It was understood that in going between the plants he was to travel over certain approved routes.

Janda’s hours of employment were from 4 p. m. to 12:30 a. m. His lunch period was generally from 8 to 8:30 p. m. for which time he received no compensation. Because of the nature of his employment he had discretion to stop for his lunch while en route between the plants.

On January 25, 1945, Janda completed an errand at Plant No. 4 in Maywood and shortly before 8 o’clock started back to Plant No. 2 on his motorcycle. He decided to get his lunch on the return trip and in order to find a suitable eating place he chose an alternative approved route over Slauson Avenue and Alameda Street which, however, he had not trav

[758]

elled in the past. He turned west on Slauson Avenue with the intention of going north on Alameda Street. Because he was watching for a lunch room and due to his unfamiliarity with the route, he missed Alameda Street without realizing that fact until he arrived at Vermont Avenue. He then proceeded north on Vermont Avenue with the intention of turning east toward Alameda Street, thence hack to the plant. At the intersection of Vernon and Vermont Avenues he was struck by a streetcar and received the injuries for which he sought compensation.

The commission’s award of compensation was based on its findings and determination that Janda’s injuries arose out of and occurred in the course of his employment. The petitioners contend that the findings and determination are without support in the facts and the law. They rely on the going and coming rule and on the cases which hold that when an employee has deviated from the path of his employment on an errand personal to himself and while not performing any service for his employer, injuries received by him or by a third person due to. his negligence may not be said to be in the course of his employment. (See